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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 11, 1996

LAND USE PLANNING MEETING

(#453 @ 400)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Pro-Tem Duvall presided and Commissioner Disney was present; Chair Clarke was absent. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner I; John Pedas, Zoning Code Enforcement Officer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Pedas informed the Board that the Goad Zoning Violation (#95-ZV0579) has been removed from today's agenda, as significant progress has been made on this property.

Mr. White requested the Board to table the Horseshoe View Estates North Time Extension item on today's agenda until April 1, 1996.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Horseshoe View Estates North Time Extension (#S-68-82) until April 1, 1996.

Motion carried 2 - 0.

Chair Pro-Tem Duvall noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. FORT COLLINS BUSINESS CENTER 3RD FILING, LOTS 14-15,

AMENDED PLAT (#96-SA0840): 07-07-68, WEBSTER AVENUE,

NORTH OF LINCOLN AVENUE, EAST OF FORT COLLINS; .92

ACRES; I-INDUSTRIAL ZONING.

This is a request to combine two existing legal lots resulting in one building site. Staff findings include: 1) Fort Collins Business Center Third Filing was approved in 1979; 2) The applicant desires to construct a building that would encroach on the common lot line between Lots 14 and 15; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the proposed Amended Plat of Lots 14 and 15, Fort Collins Business Center Third Filing.

2. HAYBARN HILL ROAD STREET NAME CHANGE (#95-0S0811):

NE 19-05-72, NORTHEAST OF ESTES PARK, 1/4 MILE SOUTHEAST

OF DEVIL'S GULCH ROAD.

This is a request to rename a portion of North Lane to Haybarn Hill Road. Staff findings are: 1) The affected street was named North Lane when the telephone company assigned addresses in this area; the property owners along this street have requested a change of that name to Haybarn Hill Road; 2) All utility companies, emergency response agencies, postal service and County Health and Engineering Departments have reviewed the request and expressed no objection. The staff recommendation is for approval of the requested street name change from North Lane to Haybarn Hill Road. This street name change does not apply to the street known as North Lane that is within Stanley Heights Subdivision.

3. DEADHORSE MOUNTAIN COURT STREET NAME CHANGE

(#95-0S0823): 15-09-72, A LOCAL SUBDIVISION STREET IN

GLACIER VIEW MEADOWS, 2ND FILING

This is a request to rename Mount Champion Court as Deadhorse Mountain Court. Staff findings include: 1) Glacier View Meadows 2nd Filing was recorded in 1973. At some point in time, this street became known as Mount Champion Court. The applicants have requested that the original name for this road (Deadhorse Mountain Court) be reinstated; 2) Utility companies, emergency response agencies, the post service, and County Health and Engineering expressed no objection to the proposed street name change. Staff recommendation is for approval of the request to change the name of Mount Champion Court to Deadhorse Mountain Court in Glacier View Meadows 2nd Filing.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Fort Collins Business Center 3rd Filing, Lots 14-15, Amended Plat (#96-SA0840); Haybarn Hill Road Street Name Change (#95-0S0811); and the Deadhorse Mountain Court Street Name Change (#95-0S0823).

Motion carried 2 - 0.

4. SPRINGFIELD COURT PUD PRELIMINARY PHASE PLAN EXTENSION

(#93-MS0285): NE 1/4, 33-07-69 ON THE WEST SIDE OF TAFT HILL

ROAD (COUNTY ROAD 19), 1/4 MILE SOUTH OF HORSETOOTH ROAD

(COUNTY ROAD 40); 4.2 ACRES; 2 LOTS; C-COMMERCIAL ZONING

This is a request for a time extension for the Preliminary Phase Plan. Mr. White provided the background for the proposal. Staff findings are: 1) The Preliminary Phase Plan for Springfield Court PUD was approved on February 28, 1994; 2) The applicant is in the process of completing the Final Plat and needs additional time; 3) No objections have been stated by the Engineering and Health Departments; 4) There have been no changes in the surrounding area that would negatively impact the project or its approval. The staff recommendation of a one-year time extension of the Preliminary Phase Plan for Springfield Court PUD to February 28, 1997.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Springfield Court PUD Preliminary Phase Plan Extension (#93-MS0285).

Motion carried 2 - 0.

Applicant Vern Sunset thanked the Board for the time extension and for their support of the Springfield Court PUD project; the Board thanked Mr. Sunset for his commitment to providing affordable housing in Larimer County.

The meeting adjourned at 3:10 p.m.

TUESDAY, MARCH 12, 1996

TRANSPORTATION DEMAND MANAGEMENT PROGRAM

(#454)

The Board of County Commissioners met at 9:30 a.m. in regular session to discuss the Transportation Demand Management (TDM) Program. Chair Pro-Tem Duvall presided and Commissioner Disney was present; Chair Clarke was absent. Also present were: Eric Bracke, City of Fort Collins Traffic Engineer; James Charlier, President Charlier Associates, Inc. of Boulder, Consulting Firm for this Project; Kathleen Revis, City of Fort Collins Transportation Planner; Rex Smith, Director of Public Works; Len Bammer, Fleet Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Commissioner Disney prefaced today's meeting by stating that the North Front Range Transportation and Air Quality Planning Council approved in concept the plan for the Transportation Demand Management (TDM) Program, and he requested Ms. Revis and Mr. Charlier to make a presentation of the TDM Program to the Board.

Mr. Charlier explained Transportation Demand Management, noting that the program has as its primary objective a 10% reduction by the year 2015 in the percentage of daily trips made by people driving single-occupant vehicles, and sixteen high-priority strategies have been recommended to accomplish this objective, based on the field research completed in 1995 and on computer analysis of North Front Range travel patterns. Mr. Bracke provided the background for the project and informed the Board that when the Regional Transportation Plan was adopted last year, the first project coming out of the Plan was this TDM Program; he noted that the TDM is a three-year program, and requires significant financial participation by the local governments in the North Front Range and by a wide range of partners, such as schools, universities, employers, neighborhoods, etc.. After the three-year program is over, an evaluation of the TDM program will be made and adjustments made accordingly.

Mr. Charlier discussed the high points of the program measures and noted that the City of Fort Collins has a local TDM program and commuter pool. Mr. Charlier stated that another component of the program is the education of grade school children by the development of specialized game software and instructional software for children, as they will be the ones driving in the year 2015. Ms. Revis discussed the aggressive marketing plan and submitted the new logo and program name, "Smart Trips", for the initial marketing campaign for the regional TDM program; she stated that one of the key ways they are reaching the business community is through the employee transportation coordinator's network and they will be evaluating it throughout the campaign.

Questions and discussion followed; Mr. Smith asked if there is going to be a benefit cost analysis associated with the TDM program. Mr. Charlier responded that a cost effective analysis was completed and he will provide a copy for Mr. Smith. Mr. Smith also asked if there are communities where TDM programs have been successful; Mr. Charlier responded that Portland, Oregon has seen much success, but not without great cost; they have built a light rail system and a bus mall downtown. It was noted that population in Colorado grew 13% in the 1980's, but the daily vehicle miles of travel grew 40% in the same time period; Mr. Bracke made it clear to the Board that traffic as it exists now is as good as it is going to get and we just need to manage what we have - the TDM program is not going to eliminate the current traffic situation. Commissioner Disney requested Mr. Charlier to contact Blayney Dyett, the planning consultant hired to develop the Partnership Land Use System (PLUS) for Larimer County, to work together to integrate the TDM program into PLUS.

Chair Duvall thanked everyone for coming to discuss the TDM program with the Board today and for all their hard work in developing the TDM program.

The meeting adjourned at 10:50 a.m.

WEDNESDAY, MARCH 13, 1996

ADMINISTRATIVE MATTERS

(#455 & 456)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Myrna Rodenberger, County Clerk and Recorder; Russ Ragsdale, Chief Deputy Clerk; Nancy Lubinski, Elections Supervisor; George Hass, County Attorney; and Donna Hart, Assistant to the County Manager. Recording Clerk, A. Jensen.

1. OPEN SESSION FOR PUBLIC COMMENT: No one appeared for the open session for public comment today.

2. ELECTIONS SYSTEMS OPTIONS: Mr. Ragsdale detailed the options available to the Board regarding new election equipment, as well as state the purpose of today's meeting. Previously $300,000 had been set aside in anticipation of purchasing new election equipment. Mr. Ragsdale is requesting the Commissioners to allow an expenditure of $50,000 on the current system to allow for needed upgrades and to set aside the remaining $250,000 until 1997 for a new election system. It was noted that a new voting system could cost as much as $1,000,000. Much discussion ensued regarding the options available. The Commissioners expressed their support for allowing the expenditure of $50,000 for upgrading the current system and to set aside the remaining $250,000 until 1997 to be used towards the procurement of a new election system. Mr. Ragsdale was instructed to return to the Board with a motion allocating the $50,000 expenditure.

3. RESOLUTION FOR ANIMAL CONTROL FEES: Mr. Lancaster stated these fees have been approved by the City of Fort Collins and the City of Loveland and are the same for all three governmental entities.

M O T I O N

Commissioner Duvall moved that the Board approve the resolution setting license fees, reclaiming fees and daily boarding charges.

Motion carried 3 - 0.

R96-47g RESOLUTION SETTING LICENSE FEES, RECLAIMING FEES

& DAILY BOARDING FEES

4. RESOLUTION SUPPORTING SB 135: Mr. Lancaster briefly explained the content of this resolution. Discussion ensued.

M O T I O N

Commissioner Disney moved that the Board approve the resolution supporting SB 96-135, increasing the State contribution to County Veterans Service Officers.

Motion carried 3 - 0.

R96-48g RESOLUTION SUPPORTING SENATE BILL 135

INCREASING THE STATE CONTRIBUTION TO COUNTY

VETERANS SERVICE OFFICERS

M O T I O N

Commissioner Duvall moved that the Board reconsider the approval of the site application for a sewage lift station by the Boxelder Sanitation District.

Commissioner Duvall indicated her reasons for making this motion.

Motion carried 3 - 0.

5. RECONSIDERATION OF LIFT STATION PERMIT: Commissioner Duvall read a letter submitted by Mr. Schemm, Field Environmental Health Services Assistant Director, regarding this lift station permit. Discussion ensued regarding the ramifications of this permit.

M O T I O N

Commissioner Disney moved that the Board table reconsideration of this lift station permit until March 20, 1996, to allow further discussion with Mr. Schemm and Mr. Dean Smith.

Motion carried 3 - 0.

6. REPRESENTATIVE FOR CDC MOTION: Chair Clarke briefed the Board regarding the Community Development Corporation (CDC) and their involvement in affordable housing. Discussion ensued regarding likely candidates to act as a county representative.

M O T I O N

Commissioner Disney moved that the Board table the appointment of a county representative until March 20, 1996.

Motion carried 3 - 0.

7. WORKSESSION

-- Fort Collins County Seat for a Day: Fort Collins County Seat for a Day is scheduled for March 27, 1996; site to be finalized. Discussion ensued regarding when or where County Seat for a Day should be scheduled and how best to notify the public of these meetings. Mr. Lancaster and Ms. Hart will schedule a Windsor annexation meeting with the town councils.

-- Facilities Updates: Mr. Lancaster reviewed the facilities project progress. Mr. Lancaster also noted that Ms. LaRue will regularly attend administrative matters to update the Commissioners. Several proposals have been submitted and are in the process of being reviewed.

-- Items for Policy Worksession: Mr. Lancaster stated that selection for the PLUS Advisory Council will be one of the agenda items for the next policy worksession to be held March 21, 1996. The 1996 workplan will also be discussed. Commissioner Duvall inquired on the state of the county status. Mr. Lancaster replied that it is pending.

-- Invitations: The Commissioners indicated to Ms. Hart which functions they will attend.

8. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the weeks of February 26, 1996 and March 4, 1996, as submitted; and approve an amendment to the February 20, 1996 Minutes on Page 7 expanding the motion approving the $1,800 planning fee waiver for the Wolf Sanctuary.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of March 18, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following Petitions for Abatement and Refund of Taxes for the following, as recommended by the County Assessor Steve Miller: Benson Engineering; Snyder; Matinee Cafe; Wescot; Wal-Mart Stores, Inc.; Brown; Ric Properties; Baskett; Wallace; Wear/Children's World; and the Ghent Partnership.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda on Document Review for March 13, 1996:

MISCELLANEOUS DOCUMENTS: Frank Minor Land Development Plat (#96-EX0838) and the Ptarmigan Clubhouse Amended Plat. LIQUOR LICENSES: Licenses were issued to: Classic Catering - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Schmidts Olde Time Bakery, Ltd - 6% - Loveland, CO.; Cloverleaf Race Track - 6% - Loveland, CO.; Sundance Steak House & Country Club - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Johnsons Corner Campground, Inc. - 3.2% - Loveland, CO.; and Total #2743 - 3.2% - Loveland, CO.

A96-36 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 56 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND BRYAN K. AND DEBORAH G. HANSON

(Project #192 - Cowan & PV Canal)

A96-37 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND UNISYS (Purchase of FMS Hardware -

Agreement #95-120108)

A96-38 CONSULTING AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND DELOITTE & TOUCHE

C96-11 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS

(Community Development Block Grant for Expansion of the Job

Training Partnership Act Senior Employment Services)

R96-49s FINDINGS AND RESOLUTION APPROVING THE ZICKRICK

MINOR RESIDENTIAL DEVELOPMENT APPEAL

Motion carried 3 - 0.

9. LEGAL MATTERS: Mr. Hass briefly explained the ramifications of HB 1282. Discussion followed. Commissioner Disney requested that Mr. Hass contact Senator Matsunaka to further review HB 1282. Commissioner Duvall suggested that a resolution be drafted opposing this bill.

M O T I O N

Commissioner Duvall moved that the Board instruct Mr. Lancaster to compose a resolution opposing House Bill 96-1282.

Motion carried 3 - 0.

R96-50g RESOLUTION OPPOSING HB96-1282 (BILL TO LIMIT

AUTHORITY OF LOCAL GOVERNMENTS REVIEW OF

CONDUCT OF AN ESTABLISHMENT)

Commissioner Duvall voiced her opposition to Senate Bill 96-167 as well as briefly outline its contents. Discussion ensued regarding wildlife management. Commissioner Duvall will provide detailed information of SB 167 for Chair Clarke and Commissioner Disney and requested that Mr. Hass review this bill.

10. PROPOSED SHOULDER WIDENING, LEVELING AND OVERLAY PROGRAM: At this time Mr. Rex Smith, Public Works Director, joined the meeting. Mr. Smith noted the reason for this meeting is to request approval of a $1,000,000 expenditure out of the Road and Bridge budget to fund the proposed shoulder widening, leveling and overlay program. Mr. Smith presented a map detailing the roads that will be improved with this project. Discussion ensued regarding this proposal, future projects and funding. Mr. Smith stated that these funds have been accumulated over several years in an effort to address some of the pressing needs in Larimer County; a $500,000 fund balance will be maintained in the future. Discussion followed regarding designating bicycle commuter routes, and sweeping those roads for the safety of bicyclists.

M O T I O N

Commissioner Disney moved that the Board approve the proposed shoulder widening, leveling and overlay program as submitted by Mr. Smith and allow the expenditure of $1,000,00 out of Public Works fund balance for 1996 to fund this project.

Motion carried 3 - 0.

The meeting adjourned at 11:45 a.m.

PUBLIC HEARING REGARDING TRANSFER OF COUNTY PARKS

TO THE STATE PARKS SYSTEM

(#457)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with John MacFarlane, Director of Parks. Chair Clarke presided and Commissioners Disney and Duvall were present. Also present was Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Chair Clarke opened the public hearing, introduced staff, and outlined the format for tonight's hearing. Mr. MacFarlane informed the Board that after many meetings, public open houses, Parks Board meetings and discussions with the Commissioners over the past fifteen months, two options have been submitted for consideration: Option A is a recommendation to advise the Bureau of Reclamation that Larimer County will cancel the recreational management agreement for Horsetooth Reservoir, Carter Lake, Flatiron Reservoir, and Pinewood Reservoir, effective January 1, 1998, and the Board of County Commissioners will enter into a management agreement between the County and the Colorado Division of Parks for recreational management of Horsetooth Mountain Park and the four parks along the Big Thompson River (Glade Road, Narrow, Forks, and Sleepy Hollow Parks). Option B is a recommendation to establish policies which restructure the use of revenues and expenditures to allow the Larimer County Parks Department to adequately manage the current park system. Mr. MacFarlane reviewed the two options in detail and noted that the Parks Board reviewed both options and their recommendation is Option B.

At this time the public comment portion of the hearing was opened; Doug Will, representative for Regional Manager of State Parks Joe Maurier, presented five points in favor of the transfer of the parks to the State: 1) Consolidated management under one administration; 2) State Parks pass would allow use of all 41 parks throughout the State of Colorado plus the County parks; 3) Facilities would be improved through increased financial resources; 4) County could concentrate all its resources for local open space, regional trails, and less intensity use of park areas; 5) Campsite reservation system would be available statewide. The following persons addressed the Board in support of the County retaining the management responsibility of the parks: Larry Johnston, Ken Ashley, Tom Jackson, Blair Keifer, Don Holm, Bob Huff, Christopher Saye, John Rust, Don Waldburger, Bob Stevenson, and Doug Adams. Dr. Johnston stated that the parks are a valuable resource to the County and the Larimer County Parks Department is one of the most efficient organizations he has seen in a long time; he suggested the County enter into a partnership with the State and the State return their excess monies back to the County. Mr. Ashley, who served on the Parks Board for six years, expressed high regard for Parks personnel; he thinks user fees should be increased and he doesn't agree with the differential in fees between residents and non-residents. Mr. Ashley also stated that the comfort zone of many people would be enhanced if the County had an open-container ordinance similar to city parks and he noted there is a problem between the fees charged in the two adjoining parks of Lory State Park & Horsetooth Rock Park - there needs to be a reciprocal agreement that one permit would be good in both parks. Mr. Jackson likes local control of the parks and stated there is no reason to give away an asset that is valuable to the county. Mr. Keifer stated he has been a user of Horsetooth Park since 1951 and wants to keep the parks under local control. Don Holm stated that the County Parks Department is pleasant to deal with and dealings with the State Parks are difficult. Bob Huff, member Parks and Recreation Board for nine years, referred to the recently adopted Parks Master Plan which states that 57% of the citizens support the existing system; he noted that the over-whelming message to the County, based on the Master Plan, is that we are doing a good job and to keep up the good work. Christopher Saye expressed concern about the transfer to the State and noted that in this day and age of everyone wanting to downsize from big national and state government and putting everything under local control, we are contemplating doing the exact opposite; he thinks the Larimer County Parks Department is a fantastic model and system. John Rust, who served on the Parks Board for many years, stated that one thing that bothers him tremendously is that the County is considering transferring the existing parks and open space and yet a 1/4 cent sales tax recently passed to buy more open space; it is not fair to the tax payers to give the parks away and they should stay within county control. Mr. Waldburger, operator of Carter Lake Marina, stated that the Larimer County Parks Departments has done a excellent job managing the parks and he does not favor the differential fees. Mr. Stevenson also stated it would be nice if there could be some kind of reciprocal arrangement between the users fee for Lory State Park and Horsetooth Mountain Park. Mr. Adams expressed concern about the State taking over the parks and reservoirs as he has been a user of Horsetooth since 1964 and likes the way it is run; he stated he is not opposed to raising the fees. The one person speaking in favor of the transfer of the parks to the State was Bill Scheffler of Windsor; he stated that he is a boater and doesn't like having to buy different permits for different places and he thinks Boyd Lake is very well organized and the State is doing a fine job at that location. Ms. Rose Brailsford asked several questions, but it was not clear if she was in favor or in opposition to the transfer of the parks: What amount of acreage would be left if the parks are turned over to the State? If the parks are turned to the State, how much staff would still be needed for the open space program? Would a new facility still be needed, even if the parks are turned to the State? What would happen to the $300,000 in open space funds allotted for maintenance of existing parks if transferred to the State? Mr. MacFarlane responded to Ms. Rose-Brailsford's questions.

At this time the public comment portion of the hearing was closed; Chair Clarke expressed appreciation to the Parks Board for all their hard work during this process. Commissioner Duvall asked the crowd if they agree with eliminating the differential fee; about half agreed. She noted for the record that several letters have been received from the following persons who could not attend tonight's hearing: R. W. Allen recommending a split in the park transfer; William Hunt favoring the transfer to the State; Jean Bolton proposing giving part away and keeping part; Donald Quackenbush expressing financial concerns and favoring the transfer of the parks to the State. Mr. MacFarlane responded that the suggestion of a split transfer was discussed with the Bureau of Reclamation and they were not receptive to the idea. At this time, Mr. Lancaster submitted an E-Mail which just arrived from Robert O. Wood stating he wants the parks retained by the County. Commissioner Disney asked for a show of hands of how many persons in the audience favor the county retaining the parks in Larimer County; approximately thirty persons raised their hands in favor and four did not.

Chair Clarke thanked everyone for coming tonight.

The meeting adjourned at 8:00 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_________________________________

Sherry E. Graves, Deputy County Clerk

_________________________________

Aimee Jensen, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.